NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

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Before: BEEZER and KOZINSKI, Circuit Judges, and INGRAM,* District Judge.

Steven Hambrick's Complaint contains four counts, the second of which alleges that property seized at the time of a search conducted pursuant to a search warrant was beyond the scope of the warrant and hence seized and withheld unlawfully to Hambrick's detriment and in violation of his civil rights under the Fourth and Fourteenth Amendments to the Constitution of the United States. Because the district court, in granting summary judgment, did not address the issues presented in the second count, and because those issues had not been previously litigated in the state criminal proceedings, or in the federal forfeiture action, we REVERSE the grant of summary judgment with respect to the second count only, and REMAND to the district court for further consideration.